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Full text of "Rules and directions for proceedings in the Confederate States Patent Office"

RULES AND DIRECTIONS 



POR 



JP K (> C K K D 1 N Gh 8 



IN THE 



CONFEDERATE STATES 



PATENT OFFK K 



RICH M 2S J) : 
l-NqaiRER BOOK AND JOB PRESS. 

FT TTt.BR, WISK, ALLRQltK * awiTR. 

1S61. j 



IIULES AND DIRECTIONS 



FOR 



FROCEEDIISTG^S 



IN THE 



CONFEDERiTE STATES 



PATENT OFFICE. 



RICHMOND: 

ENQUIRER BOOK AND JOB PRESS. 

BY TYLER, WISE, ALLEQRE i SUITH. 
1S61. 



U.K. 



IIULES AND DIRECTIONS. 



The followinf]^ information and re f]^ illations are 
mainly intended for the benefit of persons having 
business with the Patent Office. They are designed 
to be in strict accordance with the act of Congress 
of May 21st, 1861 : 

WHO IS ENTITLED TO A PATENT. 

1. Any citizen of the Confederate States, or alien, 
provided the Government of the latter has recognized 
the independence of the Confederate States, and is 
at the time in amity with them, may obtain a patent 
for any invention or improvement made by him that 
is new and useful. 

2. The assignee of any invention may have the 
patent issue to him directly ; but this is held to apply 
only to assigness of entire interests ; so that although 
when the inventor assigns his entire interest to two 
or more a patent will issue to them jointly, still if 
he yet retains a portion in himself, a joint patent 
.will not be issued to him and them. 

3. In case of the death of the inventor, the patent 
will issue to his legal representives. (Sec. 9.) 



4. Joint inventors are entitled to a joint patent ; 
but neither can claim one separately. 

5. If the inventor be a slave, his master may 
make the oath in his stead ; and, on complying with 
the requisites of the law, may obtain a patent. 

OF PATENTS GRANTED BY TILE UNITED STATES. 

6. Patents granted to citizens of the Confederate 
States by the United States, prior to the 21st of May, 
1861, may be revived and continued in force for the 
term for which they were issued yet unexpired, by 
having them recorded in this office within nine months 
from the publication of the patent law, namely : the 
28th day of May, 1861. (Sec. 49.) 

The holders of such patents are, however, required, 
in order to entitle themselves to the benefit of this 
section of the law, to pay a duty of twenty dollars, 
the cost of recording, at the rate of ten cents per 
every hundred words, and to deposit such descriptive 
drawings, and a model also, if necessary, as will ex- 
plain and identify the inventions covered by the pa- 
tent. 

The drawing should be a copy of that annexed to 
the patent, and on thick drawing paper. 

It must be understood that this provision of the 
law does not apply to patents that have been extended 
beyond the term of fourteen years by the United 



States Government. An extended patent cannot be 
revived. 

It is recommended to those who desire to revive 
their patents, that no time be lost in fulfilling the 
conditions above indicated. 

As soon as they are recorded, the patents placed 
in this office for that purpose will be returned to the 
owners thereof, certified as the law directs. 

WHAT WILL PREVENT THE GRANT OF A 
PATENT. 

7. Even although the applicant has, in good faith, 
actually made an invention, a patent therefor will 
not be granted him, if the whole or any part of what 
he claims as new had before been patented or described 
in any printed publication in this or any foreign 
country ; or even if it had before been invented or 
discovered in this country ; or if he has once aban- 
doned his invention to the public ; or if with his 
consent and allowance, it has been for more than 
two years in public use or on sale. (Sees. 6 and 7.) 

8. The mere fact of prior invention or discovery 
abroad will not prevent the issue of the patent, un- 
less the invention had been there patented or de- 
scribed in some printed publication ; nor will the 
procurement of a patent by any individual in a for- 
eign country and the publication of the same, defeat 



ti /\0 <^ ri A 



his application for a patent in this country, if his 
specifications and drawings shall be filed within six 
months after the date of said foreign patent. — 
(Sec. 8.) 
MODE OF PROCEEDINGS TO OBTAIN A PATENT. 

9. The application must be made by the actual 
inventor, if alive — unless he be a slave — even 
though the patent is to issue to the asignee ; but 
where the inventor is dead, the application and 
oath may be made by the legal representive. — 
(Sec. 9.) 

10. The application must be in writing, signed 
by the applicant, and addressed to the Commission- 
er of Patents. 

The following, varied according to circumstances, 
will answer the purpose. 

PETITION. 
To the Commissioner of Patents : 

The petition of John Smith, of Mobile, county of 
Mobile, and State of Alabama, 

Respectfully rej^resents^ that your petitioner has in- 
vented a new and improved mode of preserving 
meats, which he verily believes has not been known 
or used prior to the invention thereof by your peti- 
tioner. He therefore prays that letters patent of 



the Confederate States may be granted to him there- 
for, vesting in him and his legal representatives the 
exclusive right to the same, upon the terms and con- 
ditions expressed in the act of Congress, in that 
case made and provided ; he having paid twenty dol- 
lars into the Treasury, and complied with the other 
provisions of said act. John Smith. 

SPECIFICATION. 

11. The applicant must set forth in his specifica- 
tion the precise invention for which he claims a pa- 
tent. If claimed as a mere improvement on another 
invention, that fact should be clearly stated ; and if 
claimed as substantially differing from another in- 
vention with wdiich it appears to be coincident, the 
difference must be clearly pointed out. 

12. Two or more machines will not be allowed to 
be the subject of one patent, unless connected in 
their design and operation. 

13. The specifications must be signed by the in- 
ventor (or by his executor or administrator^ if the 
inventor be dead, or by his master if he be a slave). 
It should describe the sections of the drawings — 
where there are drawings — and refer by letters and 
figures to the different parts. The following may 
be taken as a proper form : 



To all whom it may concern : 

Be it known, That I, James Jones, of Richmond, 
in the county of Henrico, in the State of Virginia, 
have invented a new and improved mode of prevent- 
ing the explosion of steam boilers ; and I do hereby 
declare that the following is a full and exact descrip- 
tion thereof, reference being had to the accompany- 
ing drawings, which make a part hereof, and to 
the letters of reference marked thereon. The na- 
ture of my invention consists in providing the 
upper part of a steam boiler with an aperture in 
addition to that for the safety valve ; which aper- 
ture is to be closed by a plug or disk of alloy, which 
will fuse at any given degree of heat, and permit 
the steam to escape, should the safety valve fail to 
perform its functions. 

To enable others skilled in the art to make and 
use my invention, I will proceed to describe its 
construction and operation. I construct my boiler 
in any of the usual forms, and apply thereto gauge 
cocks, a safety valve, and the other appendages of 
such boilers; but in order to obviate the danger 
arising from the adhesion of the safety valve, and 
from other causes, 1 make a second opening in the 
top of the boiler, similar to that made for the safety 
valve, as shown at A, in tke accompanying draw- 



9 

ing ; and m this opening I insert a plug or disk of 
fusible alloy, securing it in its place by a metal 
ring and screws, or otherwise. This fusible metal 
I in general compose of a mixture of lead, tin and 
bismuth, in such proportions as will insure its melt- 
ing at a given temperature, which must be that to 
which it is intended to limit the steam ; and will 
of course vary with the pressure the boiler is in- 
tended to sustain. 

I surround the opening containing the fusible al- 
loy by a tube B, intended to conduct off any steam 
that may be discharged therefrom. When the tem- 
perature of the steam in the boiler rises to its as- 
signed limit, the fusible alloy will melt and allow 
the steam to escape freely, thereby securing the 
boiler from all danger of explosion. What I claim 
as my invention, and desire to secure by letters pa- 
tent, is the application to steam boilers of a fusible 
alloy, which will melt at a given temperature, and 
allow the steam to escape, as herein described, 
using for that purpose the aforesaid metalic com- 
pound, or any other substantially the same, and 
which will produce the intended effect. 

James Jones. 
Witnesses : 

RoBT. Fulton. 
Oliver Evans. 



10 

When the application is for a machine, the speci- 
fication should commence thus : 

Be it known, That I, , of 

in the county of 
and State of , have invented a 

new and useful machine for (state the use and title, 
of the machine ; and if the application is for an im- 
provement, it should read thus : a new and useful 
improvement on a, or on the machine, &c., &c.,) : and 
I do hereby declare that the following is a full, clear 
and exact description of the construction and opera- 
tion of the same, reference being had to the annexed 
drawings, making a part of this specification, in 
which figure 1 is a perspective view ; figure 2, a 
longitudinal elevation ; figure 3, a tranverse sec- 
tion, &c. (Describe all the sections of the drawings, 
and then refer to the parts by letters.) Then fol- 
lows the description of the construction and opera- 
tion of the machine. And lastly, make the claim, 
which should express the nature and character of 
the invention, and identify the parts claimed sepa- 
rately or in combination. If the specification is 
for an improvement, the original invention should be 
disclaimed,and the claim confined to the improvement. 

14. The specification must be signed by the in- 
ventor, and attested by two witnesses. (Sec. 6.) 



11 

15. The applicant must then make oath or affir- 
mation substantially as follows : 

OATH. 
•City and county of Mobile, State of Alabama, ss : 

On this day of 186 , 

before me, the subscriber, a , per- 

sonally appeared the within named Amos Appleton, 
and made solemn oath (or affirmation) that he verily 
believes himself to be the original and first invent- 
or of the mode herein described for preventing the 
decay of wood, and that he does not know or believe 
the. same was ever before known or used ; and that 
he is a citizen of the Confederate States of America, 

(Signed) C S^^^ — , 

Justice of the Peace. 

16. The oath may be taken before any person 
authorized by law to administer oaths. 

17. When the oath is taken in a foreign country^ 
it may be taken before any minister plenipotentiary^ 
charge d'affaires, consul or commercial agent hold- 
ing commission under the government of the Con- 
federate States, or before any notary public of the 
country in which the oath is taken, being attested 
in all cases by the proper official seal ; and provided 
always the foreign state in which the oath is taken 
shall have recognized the independence of the Con- 



12 

federate States, and shall be at the time in amity 
with them. (Sec. 31.) 

DRAWINGS AND MODEL. 

18. The drawings required by law, (Sec 6) should 
generally be in perspective. Such parts as cannot 
be shown in perspective must, if described, be repre- 
sented in plans, sections or details. 

19. Duplicate drawings are required. They 
should be neatly executed on sheets separate from 
the other papers — from sixteen to eighteen inches 
from top to bottom, and not less than thirteen across, 
nor more than twenty-five, unless more space is ne- 
cessary to exhibit the device or machine with clear- 
ness. One of these drawings, which is to be kept 
in the office for reference, should be on stifi* drawing 
paper. The other, which is to be attached to the 
patent, should have a margin of at least one inch 
for that purpose on the right hand side, and should 
be on some material that will bear folding and trans- 
portation. Each part should be distinguished by 
the same number or letter, wherever that part is de- 
lineated in the drawings, and should be referred to 
in the specification by such number or letter. These 
drawings should be signed by the applicant, and at- 
itestcd by two witnesses. 

i2(). The model must be neatly and substantially' 
made of durable material, and not more than one 

I 



13 

foot in length or height, except where a larger mo- 
del is permitted, for special reasons, to be shown by 
the applicant. Models filed as exhibits, in interfe- 
rence and other cases, should also, if practicable, 
conform to this rule as to size. Should they exceed 
this limit, they will not be preserved in the office 
after the termination of the case to which they be- 
long. If made of pine or other soft wood, they 
should be painted, stained or varnished. A work- 
ing model is always desirable, in order to enable the 
office fully and readily to understand the precise 
operation of the machine. The name of the inven- 
tor, and also of the assignee (if assigned), must be 
fixed upon it in a permanent manner. 

A model will be required in all cases which ad- 
mit of a representation by model, unless the applica- 
tion is for a design. (Sec. 6.) 

21. When the invention is of a composition of 
matter, a specimen of the ingredients and of the 
composition which the law requires, (Sec. 6,) must 
accompany the application, and the name of the in- 
ventor and assignee (if there be one) must be per- 
manently affixed thereto. 

22. Models or specimens forwarded without a 
name, are liable to be lost or mislaid, as they cannot 
be entered upon the record. 



14 

23. No application can be examined^ nor can the case 
he placed upon the files for examination, until the fee 
is paid, and the specification, petition, oath, drawings, 
and model or specimen (when required) are filed. 

24. The following persons are appointed agents 
to receive all moneys to be paid into the office, on 
applications for patents or otherwise : 

The Assistant Treasurers of the Confederate States. 
The Collector of the port of Mobile, Alabama. 
The Collector of the port of Savannah, Ga. 
The Collector of the port of Wilmington, N. C. 

25. Models, specimens, and every other thing per- 
taining to applications for patents, must be forward- 
ed at the expense of the applicant. The cost of 
transportation end the postage will in no case be de- 
frayed by the office. 

OF THE EXAMINATION. 

2G. Applications will be examined and disposed 
of, as far as practicable, in the order in which they 
are completed. When, however, an invention is 
■deemed of peculiar importance to some branch of 
the public service, and when for that reason the head 
of a department of the Government specially re- 
quests immediate action, the case will be taken up 
out of its order. 

27. A specification cannot be amended in any 



15 

material part, unless there is something to amend 
by — that is to say, it can only be so amended as to 
cause it to correspond with the drawing or model. — 
A similar rule will be enforced in regard to amend- 
ments of the drawings or model. 

28. The personal attendance of the applicant at 
the patent office is unnecessary. The business can 
be done by correspondence or by attorney. But no 
person will be recognized as an attorney until he 
files in this office a power of attorney from the appli- 
cant he wishes to represent. All correspondence 
must be addressed to the Commissioner. 

29. When an application has been finally decided, 
the office will retain the original papers, furnishing 
the applicant copies — if he desires them — at the rate 
of 10 cents the hundred words. 

30. If a patent is granted, it will be transmitted 
to the patentee or his agent, in case he has a full 
power of attorney authorizing him to receive it. 
RETAINING PATENTS IN THE SECRET ARCHIVES. 

31. No application upon which a patent has been, 
ordered to issue, shall be retained in the secret ar- 
chives of the office more than six months from the 
day on which the patent was ordered to issue. The 
request to have the patent placed in the secret ar- 
chives must in all cases be made by the patentee or 



16 

the assignees of all the interest therein, in writing, 
and filed with the Chief Clerk, before the patent shall 
be recorded. On like request and the payment of 
the fee by any applicant, his specification and draw- 
ings will be filed in the secret archives of the office 
until he shall furnish the model and the patent be 
issued, not exceeding, however, the term of two 
years, the applicant being entitled to notice of in- 
terfering applications. (Sec. 8.) 

OF APPEALS. 

32. After a case has been once rejected, the ap- 
plicant may have a second examination by renewing 
his oath, either with or without an alteration of 
his specification. But such alteration must be in 
accordance with rule 27. 

33. After a second rejection, the applicant may 
bring the case before the Commissioner in person, 
and if still dissatisfied, may appeal to the Attorney 
Greneral. 

34. The mode of appeal will be by giving notice 
thereof to the Commissioner, filing in the Patent 
Office, within such time as the Commissioner shall ap- 
point, the reasons of appeal, and paying to the Com- 
missioner the sum of twenty-five dollars. (Sec. 7.) 



17 

OF INTERFERENCES. 

35. When two or more persons claim to be the 
first inventors of the same thing, an "interference" 
will be declared between them, and a trial be had 
before the Commissioner. Nor will the fact that 
one of the parties has already obtained a patent, 
prevent such an interference. For although the 
Commissioner has no power to cancel a patent al- 
ready issued, he may, if he finds that another person 
was the prior inventor, give him also a patent, and 
thus place them on an equal footing before the 
courts and the public. (Sec. 8.) 

36. Upon the declaration of an interference a day 
will be fixed for closing the testimony, and a further 
day fixed for the hearing of the cause. Previous to 
this latter day the arguments of counsel must be 
filed, if at all. 

37. If either party shall wish a postponement of 
either the day for closing the testimony or the day 
of hearing, he must before the day he thus seeks to 
postpone has passed, show by" affidavit a sufficient 
cause for such postponement. 

OF REISSUES. 

38. A reissue will be granted to the original pa- 
tentee, his heirs or assigns, when by reason of an 
insufficient or defective specification, the patent is 

2 



18 

invalid, provided the error has arisen from inadver- 
tence, accident or mistake, without any fraudulent 
or deceptive intention. (Sec. 12.) 

39. Whatever is really embraced in the original 
invention, and so described or shown that it might 
have been embraced in the original patent, may be 
the subject of a reissue. 

40. The reissued patent expires at the time the 
original patent would have expired. For this reason 
such applications will be acted upon as soon as they 
are completed. 

41. In all cases of applications for reissues, the 
original claim is subject to re-examination, and may 
be revised and restricted in the same manner as ori- 
ginal applications. (Sec. 20.) 

42. But in all such cases, after the action of the 
office shall have been made known to the applicant, 
if he prefers the patent originally granted to that 
which will be allowed by the decision of the office, 
he will have the privilege of abandoning the latter 
and retaining the old patent. 

43. The following is an appropriate form of appli- 
cation for a reissue : 

SURRENDER OF A PATENT FOR REISSUE. 
To the Commissioner of Patents : 

The petition of Samuel Prague, of Jackson,. in the 
county of Hinds, and State of Mississippi, I 



I 



19 

Respectfully represents, That he did obtain letters 
patent of the Confederate States for an improvement 
in railroad chairs ; which letters patent are dated on 
the first day of August, 1861 ; that he now believes 
the same to be inoperative and invalid, by reason of 
a defective specification, which defect arose from in- 
advertence and mistake. He therefore prays he may 
be allowed to surrender the same, and requests that 
new letters patent may issue to him for the same in- 
vention for the residue of the period for which the 
original patent was granted, under the amended spe- 
cification herewith presented, he having paid twenty 
dollars into the Treasury of the Confederate States, 
agreeably to the requirements of the act of Congress 
in that case made and provided. 

Samuel Prague. 

FORM OF OATH TO BE APPENDED TO APPLI- 
CATIONS FOR REISSUES. 

City of Jackson, County of Hinds, 

and State of Mississippi, ss : 
On this day of 

186 , before the subscriber, a , per- 

sonally appeared the above named Samuel Prague, 
and made solemn oath (or affirmation) that he V3rily 
believes that by reason of an insufficient or defective 
specification, his aforesaid patent is not fully valid 



20 

and available to him, and that ths said error has 
arisen from accident, inadvertence or mistake, and 
without any fraudulent or deceptive intention, to the 
best of his knowledge and belief. 
Signed, 



OF DISCLAIMERS. 

44. Where, by inadvertence, accident or mistake, 
the original patent is too broad, a disclaimer may be 
filed either by the original patentee or by any of his 
assignees. (Sec. 19.) 

45. The following is a sufficient form for a dis- 
claimer : 

To the Commissioner of Patents : 

The petition of Alfred Lewis of Pas- 
cagoula in the county of Jackson, State of Missis- 
sippi, 

Respectfully represents, That he has, by assignment, 
duly recorded in the patent office, become the owned 
of a right for the State of Mississippi, to certain 
improvements in the steam engine, for which letters 
patent of the Confederate States were granted to 
Hilaire Krebs, of the town, county and State afore- 
said, dated on the first of August, 1861 ; thathehaj 
reason to believe, that through inadvertence and mis 



21 

take, the claim made in the specification of said let- 
ters patent is too broad, including that of which the 
said patentee was not the first inventor. Your pe- 
titioner therefore hereby enters his disclaimer to that 
part of the claim in the aforenamed specification, 
which is in the following words, to-wit : *' I also 
claim the particular manner in which the piston of 
the above described engine is constructed, so as 
to insure the close fitting of the packing thereof to 
the cylinder, as set forth; which disclaimer is to 
operate te the extent of the interest in said letters 
patent vested in your petitioner, who has paid ten 
dollars into the Treasury of the Confederate States, 
agreeably to the requirements of the act of Congress 
in that case made and provided. 

Alfred Lewis. 

When the disclaimer is made by the original pa- 
tentee, it must be so worded as to express that fact. 
OF DESIGNS. 

46. In making an application for a patent for a 
design, the same course is to be pursued as in case 
of an application for patenting a machine ; but it 
may be for a term of three and one-half years, the 
fee being ten dollars ; or for a term of seven years, 
the fee being fifteen dollars ; or for a term of four- 
teen years, the fee being twenty dollars. If the de- 



22 

sign can be sufficiently represented by a drawing, 
no model is requisite in making an application for a 
patent therefor. 

47. The following, or equivalent forms, will be 
sufficient in applications for designs : 
FORM OF APPLICATION. 

The petition of Sylvester Churchill, of New Or- 
leans, in the parish of Orleans and State of Louisiana, 

Respectfully represents, that your petitioner has pro- 
duced or invented a new and original design for a 
composition in alto-relievo (or for a bust, statue or 
bass-relief or other thing, as the case may be,) which - 
he verily believes has not been known prior to the 
production thereof by your petitioner. He therefore 
prays that letters patent of the Confederate States 
for the term of years, may be granted to 

him therefor, vesting in him and his legal represen- 
tatives the exclusive right to the same, upon the con- 
ditions expressed in the act of Congress in that case 
made and provided, he having paid 
dollars into the Treasury, and complied with the. 
other provisions of said act. 

Sylvester Churchill. 
FORM OF SPECIFICATION. 
To all whom it may concern : 

Be it known, That I, Sylvester Churchill, of the 



I 



23 

city of New Orleans, in the parish of Orleans, and 
State of Louisiana, have produced or invented a 
new and original design for ; and I 

do hereby declare, that the following is a full and 
exact description of the same. 

[ Here folloAVS a description of the design, with 
reference to the specimen or drawing, the specifi- 
cation to conclude with declaring what the inventor 
claims.] 

Sylvester Churchill. 
Witnesses : 

Hannon Jones. 

Wm. Elder. 

FORM OF OATH. 

City of New Orleans, 

Parish of Orleans, State cf Louisiana, ss: 

On this day of 186 , before the 

subscriber, a , personally ap- 

peared the within named Sylvester Churchill, and 
made oath (or affirmation) that he verily believes 
himself to be the original and first producer or in- 
ventor of the design for , and 
that he does not know or believe that the same was 
ever before known or used, and that he is a citizen 
of the Confederate States. 



24 

OF FOREIGN PATENTS. 

48. The taking out a patent in a foreign country 
■will not prejudice a patent previously obtained here. 

49. Where a patent is applied for here, after the 
same invention has been patented abroad, it will ex- 
tend only fourteen years from the date of the foreign 
patent. For this reason, such cases will be acted 
upon out of their order, and as soon as the applica- 
tion is completed. 

50. Where an applicant seeks to make his a pre- 
ferred case, in consequence of his having obtained a 
foreign patent, he should temporarily file in the office 
the patent so obtained, with the specifications (pro- 
visional or complete) attached, or an authenticated 
copy of them. But where such papers or copies 
cannot be conveniently furnished, it will be sufficient 
if the reasons of such inability be set forth by affi- 
davit, and also the fact that a foreign patent has ac- 
tually been obtained, giving its date, and showing 
clearly that the invention so patented covers the 
whole ground of his application here. 

OF CAVEATS. 

51. Any citizen can file a caveat in the secret ar- 
chives of the office ; and if at any time within one 
year thereafter, another person applies for a patent 
for the same invention, the caveator will be entitled 



25 

to notice to complete his application, and to go intD 
interference with the applicant for the purpose of 
proving priority of invention and obtaining the pa- 
tent, if that fact be established. (Sec. 1 1.) 

52. The caveator will not be entitled to notice of 
any application pending at the time of filing his 
caveat, nor of any application filed after the expira- 
tion of one year from the date of filing his caveat, 
unless he renews his caveat at the end of one year, 
by paying a second caveat fee. This will continue 
his caveat in full force for one year longer, and so on 
from year to year, as long as the caveator desires. 

53. A caveat need not contain as particular a de- 
scription of the invention as is requisite in a specifi- 
cation ; but still the description should be sufficiently 
precise to enable the office to judge whether there is 
a probable interference when a subsequent applica- 
tion is made. 

54. Caveat papers cannot be withdrawn from the 
office, nor undergo alteration after they have been 
filed; but additional papers relative to the invention 
may be appended to the caveat, (their date being 
noted,) provided they are merely amendatory of the 
original caveat. 

55. In the case of supplementary papers to any 
original caveat, the right to notice in regard to the. 



26 

subject of those papers expires with the caveat; 
and any additional papers not relating to the in- 
vention to which the caveat refers, will receive no 
notice. 

5Q. The caveator, or any other person properly 
authorized by him, can at any time obtain copies of 
the caveat papers at the usual rate. 

57. The caveat should be accompanied by a 
drawing or sketch of the invention. 

58. The caveat fee cannot be applied to the appli- 
cation when completed. (Sec. 39.) 

59. The following w^ill give a general idea of the 
proper form of a caveat : 

To the Commissioner of Patents : 

The petition of John McRae, of Enterprise, in 
the county of Clark, and State of Mississippi, 

Respectfully represents^ That he has made certain 
improvements in the mode of constructing steam 
boilers, and that he is now engaged in experiments 
for the purpose of perfecting the same, preparatory 
to his applying for letters patent therefor. He 
therefore prays that the subjoined description of his 
invention may be filed as a caveat in the secret ar- 
chives of the patent office, agreeably to the provi- 
sions of the act of Congress in that case made and 
provided, he having paid ten dollars into the Trea- 



27 

sury of the Confederate States, and otherwise com- 
plied with the requirements of the said act. 

John McRae. 
Enterprise, July \st, 1861. 

Annexed should be a description of the general 
principles of the invention, so far as it has been 
completed. 

OF THE REPAYMENT OF MONEY. 

60. Money paid by actual mistake will be refunded ; 
but a mere change of purpose after the payment has 
been made will not enable the person to obtain his 
money and withdraw his papers. 

OF ASSIGNMENTS. 

61. An inventor can assign his entire right before 
a patent is obtained, so as to enable the assignee to 
take out the patent in his own name ; but the assign- 
ment must first be recorded, and the specifications 
sworn to by the inventor. 

62. After a patent is obtained, the patentee may 
assign the right to make or use the thing patented in 
any specified portion of the Confederate States 
(sec. 10) ; but no assignment to specified portions of 
the Confederate States, made prior to obtaining the- 
patent, will enable the assignees to take out the pa- 
tent in their names. 



28 

63. Every assignment should be recorded within 
three months from its date. 

64. When the patent is to issue to the assignee, 
the entire correspondence shouki be in his name. 

65. The receipt of assignments will not be ac- 
knowledged by the office. They will be recorded in 
their turn as soon as possible after they are received, 
and sent to the persons entitled to them. 

66. An assignment of a patent granted by the 
United States, whether of the entire or of a partial 
interest,bonafide made before the fourth of February, 
1861, to a citizen of the Confederate States, or of 
the States of North Carolina and Tennessee, will 
continue the patent, or such interest therein as is as- 
signed, in full force far the term for which it was 
issued yet unexpired, on certain conditions. These 
conditions are, that such assignment shall be recorded 
in this office ; that a descriptive drawing (and model, 
if necessrry,) sufficient to explain and identify the 
subject matter of the patent to which the assignment 
refers, shall be deposited in the office ; and that a 
duty of twenty dollars, together with the cost of re- 
cording the papers, shall be paid by the assignee 
within nine months from the 28th of May, 1861. 

67. Form of an assignment of the entire interest 



29 

in letters patent before obtaining the same, and to 
be recorded preparatory thereto : 

Whereas I, John Doe, of in the 

county of and State of 

have invented certain new and useful improvements 
in plows, for which I am about to make applica- 
tion for letters patent of the Confederate States : 
and whereas George Davis, of in the 

county of in State of 

has agreed to purchase from me all the right, title 
and interest which I have or may have in and to the 
said invention, in consequence of the grant of let- 
ters patent therefor, and has paid to me, the said John 
Doe, the sum of ten thousand dollars, the receipt of 
which is hereby acknowledged : 

Now, this indenture witnesseth, that for and in 
consideration of said sum to me paid, I have assigned 
and transferred, and do hereby assign and transfer 
to the said George Davis the full and exclusive right 
to all the improvements made by me, as fully set 
forth and described in the specification which I have 
prepared and executed preparatory to obtaining let- 
ters patent therefor. And I do hereby authorize 
and request the Commissioner of Patents to issue the 
said letters patent to the said George Davis, as the 
assignee of my whole right and title thereto, for the 



30 

sole use and behoof of said George Davis, and his 
legal representatives. 

In testimony whereof, I have hereunto set my 
hand and ajffixed my seal this first day of December. 
1861. 

John Doe. [Seal.] 
Sealed and delivered in 
presence of 

Richard Fox. 
Stephen Fry. 

The above form can easily be changed, if only a 
partial right in a patent be assigned and not the 
whole interest. 

OF THE OFFICE FEES, AND HOW PAYABLE. 

68. Nearly all the fees payable to the patent 
office are positively required by law to be paid in 
advance. For the sake of uniformity and conve- 
nience, the remaining fees will be required to be 
paid in the same manner — that is to say, before the 
labor is performed for which they are to be received 
in payment. 

The following is the tariff of fees established by 
law. No discrimination is made as between the 
citizens of the Confederate States and aliens, when 
the governments of the latter make no discrimina- 



• 31 

tion against our citizens, have recognized our inde- 
pendence, and arc in amity with us : 

On filing every caveat, _ _ _ $10 00 

On filing each original application for a pa- 
tent, except for a design, - - - 

On issuing each original patent, 

On ever}'^ appeal to the attorney general, 

On special applications for the reissue of a 
patent, as provided for in sections 12 and 
17 of the law, _ . _ . 

On other applications for the reissue of a pa- 
tent, if there be such, - . _ 

On filing an application for a patent for a de- 
sign, for the term of three and one-half 
years, _ _ - - - 

On filing an application for a patent for a de- 
sign, for the term of seven years, - 

On filing an application for a patent for a de- 
sign, for the term of fourteen years, 

On filing each disclaimer, _ - - 

For revalidating or reviving patents granted 
by the United States to citizens of this 
Confederacy, _ _ _ _ 

For recording such patents, per hundred 
words, ----- 

For certified copies of patents and other pa- 
pers, per hundred words, - - - 

For recording every assignment, agreement, 
power of attorney, and other papers of 
three hundred words or under, - - 1 00 

For recording every assignment and other 



20 


00 


20 00 


25 


00 


20 


00 


30 


00 


10 00 


15 


00 


20 


00 


10 00 


20 00 





10 





10 



paper, over three hundred words and un- 
der one thousand words, - - - 2 00 

For recording every assignment and other 

writing, if over one thousand words, - 3 00 

For copies of drawings, the reasonable cost 
of making the same. 

69. The office having no franking privilege, appli- 
cants must remit a sum of money to pay for post- 
age — for distances under 500 miles, one dollar ; over 
500 miles, two dollars. (Act August 30, 1861.) 

70. It is recommended that the money for the 
payment of fees be deposited with the public officers 
•designated in a previous article, the applicant taking a 
certificate and remitting the same to this office. When 
this cannot be done without inconvenience, the mo- 
ney may be remitted by express or by mail, at the 
risk and cost of the owner ; and in every instance the 
letter accompanying the money should state the ex- 
act amount enclosed. 

71. In case of deposit made with the assistant 
treasurers, or other persons authorized to receive 
the money, a duplicate receipt should be taken, 
•stating by whom the payment was made, and for 
what purpose. 

The certificate of deposit may be made in the fol- 
lowing form : 



33 
Office of the 



The Treasurer of the Confederate States has cre- 
dit at this oflBce for dollars 
deposited by of the town of 
in the county of and State of 
the same being the fee in an application for a patent 
for an improvement in churns, (or whatever the thing 
may be), made (or to be made) by said 

A B . 

Persons depositing money in this way, must for- 
ward the receipt or certificate to this office as evi- 
dence thereof. Bank notes or checks cannot be 
received. 

72. All money sent by mail from this office Avill 
be at the risk of the owner. In no case should mo- 
ney be sent enclosed with models. 

73. All payments to and by this office must be 
made in specie, or Confederate States Treasury 
Notes. 

TAKING AND TRANSMITTING MONEY, ETC. 

74. Section 34 of the act requires the clerks of 
the courts of the Confederate States for any district 
or territory, on the application of any party to an 
interference in the patent office, or his attorney, to 



' 34 

issue subpoenas for any witness residing or being 
Tvithin said district or territory, commanding such 
T\-itncss to appear and testify before any justice of 
the peace or other officer authorized by law to take 
depositions ; and the judge of the court whose clerk 
shall issue such subpoena, is empowered and directed 
to enforce obedience to the process. Eut no witness 
can be required to attend at any place more than 
forty miles from the place w^here the subpoena shall 
be served upon him, nor unless his fees for going to, 
returning from, and one day's attendance at the place 
of examination, shall be paid or tendered to him at 
the time of the service of the subpoena ; nor can a 
witness be required to disclose any secret invention 
made or owned by him. (Sec. 34.) 

75. In contested cases, the following rules have 
been established for taking and transmitting evi- 
dence : 

1st. That before the deposition of a w^itness or 
witnesses be taken by either party, reasonable notice 
shall be given to the opposite party of the time and 
place when and wdiere such deposition or depositions 
will be taken, so that the opposite party, either in 
person or by attorney, shall have full opportunity to 
cross-examine the witness or witnesses ; and such 
notice shall, with iwoof of the service of the same, be 



3o 

attaclied to the deposition or depositions, ^vlietliei' 
the party cross-examine or not ; and such notice 
shall be given in sufficient time for the appearance 
of the opposite party, and for the transmission of 
the evidence to the patent office before the day of 
hearing. 

2d. That all evidence, &c., shall be sealed and ad- 
dressed to the Commissioner of Patents by the per- 
sons before whom it is taken, and so certified 
thereon . 

3d. That the certificate of the magistrate shall be 
substantially in the following form, viz : 

"I hereby certify that the depositions of A, B, 
C, D, &c., relating to the matter of interference be- 
tween E F and G H, were taken, sealed up and ad- 
dressed to the Commissioner of Patents by me. 

" J L , 

^'Justice of the Peace. '^^ 

4th. That ifo evidence touching the matter at issue 
will be considered upon the said day of hearing, 
which shall not have been taken and filed in compli- 
ance with these rules : Provided, that if either party 
shall be unable, for good and sufficient reasons, to 
procure the testimony of a witness or witnesses with- 
in the stipulated time, then it shall be the duty of. 



36 

said party to give notice of the same to the Com- 
missioner of Patents, accompanied by statements, 
under oath, of the cause of such inability, and of the 
steps which have been taken to procure said testi- 
mony, and of the time or times when efforts have been 
made to procure it ; which last mentioned notice to 
the Commissioner shall be received by him previous 
to the day of hearing aforesaid. 

76. The notice for taking testimony must be 
served, by delivering to the adverse party a copy. 
If he cannot be found, such service may be made 
upon his agent or attorney of record, or by leaving 
a copy at the party's usual place of residence, with 
some member of the family who has arrived at the 
years of discretion. 

It must be annexed to the deposition, with a cer- 
tificate, duly sworn to, stating the manner and time 
at which the service was made. 

77. The testimony must (if either party desires 
it) be taken in answer to interrogatories — having 
the questions and answers committed to writing, in 
their regular order, by the magistrate, or under his 
direction, by some person not interested in the 
issue, nor the agent or attorney of one who is. 
The deposition, when complete, must be signed by 
the witness. 



i 



37 

78. The magistrate must append to the deposition 
his certificate, stating the time and place at which 
it was taken, the names of the witnesses, the admin- 
istration of the oath, at whose request the testimony 
was taken, the occasion upon which it is intended to 
be used, the names of the adverse parties, and 
whether they were present. 

79. No notice will be taken, at the hearing, of any 
merely formal or technical objection, unless it may 
reasonably be presumed to have wrought a substan- 
tial injury to the party raising the objection ; nor 
even then, unless as soon as that party became aware 
of the objection, he immediately give notice thereof 
to this office, and also to the opposite party, inform- 
ing him at the same time that, unless corrected, he 
should urge his objection at the hearing. 

80. The following forms are recommended for ob- 
servance in the taking of depositions : 

A B, being duly sworn, doth depose and say, in 
answer to interrogatories proposed to him by C D, 
counsel for E F, as follows, viz. : 

1st interrogatory. AVhat is your name, your resi- 
dence and occupation ? 

1st answer. My name is A B. I am a carpenter, 
and reside in Mobile, Alabama. 



38 

And in answer to cross interrogatories proposed 
to him by G. H, counsel for J K, as follows, viz. : 

1st cross interrogatory, etc. 

(Signed) A B . 

State of Alabama, County of Mobile, ss : 

At Mobile, in said county, on the 
day of A. D. 186 , before me, per- 

sonally appeared the above named A B, and made 
oath that the foregoing deposition, by him subscribed, 
contains the whole truth and nothing but the truth. 

The said deposition is taken at the request of E 
'F, to be used upon the hearing of an interference 
between the claims of the said E F and those of J 
K, before the Commissioner of Patents of the Con- 
federate States, at his office, on the day of 
next. The said J K was duly notified, 
.as appears by the original notice hereto annexed, 
.and certified by me. 

L M , 

Justice of the Fcace. 

The magistrate must then seal up the deposition 
when completed, and endorse upon the envelope a 
certificate, according to the form prescribed in sec- 
tion 75, and sign it. 

RULES OF CORRESPONDENCE. 

81. All correspondence must be in the name of 



i 



39 

the Commissioner of Patents ; <and all letters and 
other communications intended for the office must be 
addressed to him. If addressed to any of the other 
officers, they will not be noticed, unless it should 
be seen that the mistake Avas owing to inadver- 
tence. 

82. When an agent has filed his power of attor- 
ney, duly executed, the correspondence will, in or- 
dinary cases, be held with him only. A double cor- 
respondence with him and his principal, if generally 
allowed, would largely increase the labor of the 
office. For the same reason, the assignee of the en- 
tire interest in an invention will b3 alone entitled to 
hold correspondence with the office, to the exclusion 
of the inventor. If the principal becomes dissatis- 
fied, he must revoke his poAver of attorney, and no- 
tify the office, wdiich will then communicate with 
him. 

OF THE FILING AND PRESERVATION OF PAPERS. 

83. All claims and specifications filed in this 
office (including amendments) must be written in a 
fair, legible hand, without interlineations or era- 
sures, except such as are clearly stated 'in a mar- 
ginal or foot note written on the same sheet of pa- 
per. If they are not, the Commissioner may direct 
them to be printed at the expense of the applicant, 
(Sec. 38.) 



40 

84. Every paper filed in the office must be en- 
dorsed in such a manner as to show its general cha- 
racter on the outside. It must also show the exact 
date on which it was filed. But where several papers 
which are all filed at one and the same time, are per- 
manently fastened together, one *' filing" for the 
whole will be sufficient. 

Letters going on the files of any particular case 
must, in addition to the filing above directed, be en- 
dorsed with the name of the writer and date when 
written. 

(The above rule is intended for the guidance of 
the employees in this office alone.) 

85. All papers thus *' filed" will be regarded as 
permanent records of the office, and must never, on 
any account, be changed, further than to correct 
mere clerical mistakes. 

OF AMENDMENTS. 

86. All amendments of specifications or claims 
must be made on separate sheets of paper from the 
original, and must be filed in the manner above di- 
rected. 

Where amendments are required, the papers 
themselves will be generally returned to the appli- 
cant ; but it will be only to enable him to make 
those amendments so as to be in harmony with the 



41 

context. Even where the amendment consists in 
striking out a portion of the specification or other 
paper, the same course should be observed. No era- 
sure must be made. The papers must remain for- 
ever just as they were when filed, so that a true 
history of all that has been done in the case may 
be gathered from them. 

87. The following are given as specimens of the 
forms proper to be observed in such cases : 

** I hereby amend my specification, by inserting 
the following words after the word in 

the line of the page thereof; [here 

should follow the words that are to be inserted] or, 
*' I hereby amend my specification, by striking out 
the line of the page thereof;" or ^' by 

striking out the first and fourth claims appended 
thereto ;" or whatever may be the amendment de- 
sired by the applicant. 

88. The forms of other amendments will readily 
suggest themselves. In each case the exact words 
to be struck out or inserted should be clearly de- 
scribed, and the precise point where any insertion 
is to be made. 

89. Where papers are returned to the applicant 
for amendment, the original papers must in all cases 



42 

be returned to the office for preservation, together 
with the amendments. 

90. In some cases amendments will be permitted 1 
to be made by writing out the entire paper anew ; 
but even when this is done, the original paper must 
be returned and preserved. 

91. No paper will be allowed to be taken from this 
office unless receipted for, or unless a written re- 
quest be filed by the party entitled to control the 
case, nor until all interlineations and erasures are 
clearly noted on the paper in such manner as to pre- 
vent the possibility of any change being made with- 
out the certainty of immediate detection. 

RULES FOR RECONSIDERATIOX. 
The fallowing rules will be strictly observed, ex- 
cept when, for cause shown, in special cases, a modi- 
fication shall be allowed : 

92. Upon the rejection of an application for a pa- 
tent for the want of novelty, the applicant will be 
furnished with references to the cases on which the 
rejection was made, and with a brief explanation of 
the rejection. 

Previous to the second examination of any case 
which has once been rejected, the applicant must re- 
new, in substance, the oath originally filed with his 
specification. 



43 

But the applicant, without renewing liis oath, may 
come before the proper examiner, between two and 
three o'clock P. M. on any Monday, Wednesday or 
Friday of the week, and may then point out any 
mistake or oversight on the part of the office, Avhich 
will be cheerfully corrected ; but if the alleged er- 
ror of which he complains is, in tlic judgment of the 
examiner, upon the merits of the application, and 
can only be made apparent by a re-examination of 
the case, the applicant cannot be heard to insist 
upon its correction, without a renewal of the oath 
of invention. 

Should there be a second rejection after a re-ex- 
amination, the applicant may in person or by his 
agent, or in writing, bring the matter before the 
Commissioner, who will examine the case in person. 
The decision of the Commissioner will bo final, so 
far as the action of this office is concerned. The 
only remaining remedy will bo by appeal to the At- 
torney General. 
OF GIVING OR WITHHOLDING INFORMATION. 
93. Aside from the caveats which are required by 
law to be kept secret, all pending applications will 
be, as far as practicable, preserved in like secrecy. 
No information will therefore be given to those en- 
quiring whether any particular application for a pa- 



44 

tent is before tlie office, or whether any particular 
person has applied for a patent. 

94. But information will be given in relation to 
any case after a patent has issued, or after a patent 
has been refused, and the further prosecution of the 
application is abandoned. 

The models in such cases will be so placed as to 
be subject to general inspection. The specifications 
and drawings in any particular case can be seen by 
any one having particular occasion to examine them; 
and copies thereof, as well as of patents granted, 
will be furnished to any one willing to pay the bare 
expense of making them. Copies will be made on 
parchment, at the request of the applicant, upon his 
paying the additional cost. 

95. Even after a case is rejected, the application 
will be regarded as pending until after the decision 
of an appeal thereon ; but if a party whose appli- 
cation is filed, shall fail to complete it, so that it can 
be examined within two years after the filing of the 
petition, it Avill be regarded as abandoned, and the 
invention to which it refers dedicated to the public, 
unless it be shown, to the satisfaction of the Com- 
missioner, that such delay was unavoidable ; and all 
applications pending prior to the 21st May, 1861, 



45 

the day of the passage of the patent law, will be 
treated as if filed thereafter. (Sec. 42.) 

96. In all cases where the specification shall be 
withdrawn from the ofiice, and retained by the appli- 
cant or his agent for the space of six months, an 
abandonment will be presumed, at least so far that 
the invention to which it relates will not be protect- 
ed by any rule of secrecy. 

97. Information in relation to pending cases will 
be given so far as it becomes necessary in conduct- 
ing the business of the office, but no further. Thus, 
when an interference shall be declared between two 
pending applications, each of the contestants will be 
entitled to a knowledge of so much of his antago- 
nist's case, as to enable him to conduct his own un- 
derstandingly. 

And where the rejection of an application shall 
be founded upon another case previously rejected, 
but not abandoned, the rejected applicant will be 
furnished with all information in relation to the pre- 
viously rejected case which is necessary for the pro- 
per understanding and management of his own. 

98. When an applicant claims a certain device, 
and the same device is found described but not 
claimed in another pending application which was 
previously filed, information of the filing of such 



46 

second application will always be given to tlie prior 
applicant, with a suggestion that if he desires to 
claim a patent for that device, he should forthwith 
modify his specification accordingly. 

99. But where the application which thus describes 
a device without claiming it shall be subsequent in 
date to that wherein such device is claimed, the gene- 
ral rule will be that no notice of the claim in the 
previous application will be given to the subsequent 
applicant. But v/here there any special reasons to 
doubt whether the prior applicant is really the in- 
ventor of the device claimed, or where there are any 
other peculiar and sufficient reasons for departing 
from, the rule above stated, the office reserves to it- 
self the right of so doing without its being re- 
garded as a departure from the established rule. 

100. The office cannot respond to enquiries as to 
the novelty of an alleged invention, in advance of 
an application for a patent in manner pointed out in 
this pamphlet, for obvious reasons; nor to enquiries 
founded upon brief and imperfect descriptions pro- 
pounded wuth a view of ascertaining whether such 
alleged improvements have been patented ; and if so, 
to whom ; nor can it act as an expounder of the pa- 
tent law, nor as counsellor for individuals, except as 
to questions arising within the office. 



47 

101. All business with the oflficc must be trans- 
acted in rrriting, unless by the consent of all par- 
ties, and the action of the office will be based exclu- 
sively on the written record. No attention will be 
paid to any alleged verbal promise or understanding 
in relation to which there is any disagreement or 
doubt. RUFUS n. RHODES, 

Commissioner of Fate ids. 
Confederate States Patent Office, August, 18G1. 



IISTIDEX. 

Sections. 
Amendments. 

Of specifications or claims, how made and 

filed, 86 

Forms of amendments, - - - 87, 88 

Original papers with amendments must be 

returned to office, - - - 89 

Amendments made by writing out papers 

anew, ----- 90 

"Where papers returned for amendment, 

precautions to be used, - - - 91 

Appeals. 

Applicant may appeal to Commissioner af- 
ter second rejection by examiner, - 33 
Mode of appeal, - - - - 34 

Application for Patent. (See Patent.) 

Assignments. 

Of entire interest before patent granted, 61 

Assignments for specified portions of Con- 
federate States after patent granted, - 62 
When to be recorded, - - - .63 
When patent is to issue in name of assignee 

the correspondence should be in his name 64, 82 

Receipt of, not generally acknowledged, - 65 

"When returned to persons entitled to them 65 

By whom an assignment of United States 

patent may be continued in force, and for 

what term, - - - _ 66 



Sections. 
"What necessary to be done to continue 

them in force, - - - - G6 

Fees requii^ed in such cases, - - 66 

Form of assignments, - - - 67 

Attorney or Agent. 

Not recognized as such until power is filed, 28 

Caveats. 

Who maj file a caveat, - - _ 51 

Fee, amount, and when paid, - - 68, 51 

Cannot be applied to complete application, 58 

When caveator is entitled to notice to com- 
plete his application and go into inter- 
ference, - - - - - 51 
When not entitled to notice, - - 52 
May renew his caveat from year to year by 

paying additional fees, - - - 52 

Description required in caveat, - - 53 

Caveat papers once filed cannot be with- 
drawn or altered, - - - 54 
Additional papers may be appended, date 

being noted, when - - - 5-1 

AYhen right to notice expires in regard to 
subject of papers filed supplementary to 
original caveat, - - - - 55 

Additional papers not relating to invention 

of first caveat, how treated, - - 55 

Who may obtain copies of caveat papers, 66 

Should be accompanied by a drawing or 

sketch, ----- 57 

Form of caveat, - - - - 59 

Correspondence. 

All correspondence in the name of the 

Commissioner, - - - - 81 

Correspondence with principal or agent 
not admissable, - - - - 82 

4 



Ill 



Sections. 



Designs^ 



Application for patent, how made, - 46 

May be for diflcrent terms of years, - 46 

Forms of petition, specification and oath, 47 
Fee for three and one-half, for seven, and 

for fourteen years, - - - 65 

No model required, if the design can be 

sufficiently represented by drawings, - 46 

Disclaimer. 

When filed, 44 

Form of, ----- 45 
When made by original patentee must be 

so expressed, - - - - 45 

Drawings. What kind required - 19 

Examination. 

Applications will be examined in the order 

in which they are completed, - - 26 

Exceptions, ----- 26 

Amendments of defective specifications 

and drawings, - - - - 27 

Personal attendance of applicant not ne- 
cessary, . - - ~ » 28" 
Attorney must file power, - - - 28 
When application finally decided papers 

retained by the office, - - - 29 

Copies, on what terms furnished, - - 29 

Patent, to whom sent, - , - 30 

Fees, Office, and how payable. 

Fees required to be paid in advance, - 68 

Tariff of fees fixed by law, - - 68 
Advisable to deposit fee with authorized 

officer^ - - - - - . 68 

Money t6 coVer postage to be dejiOsited, 6^ 



IV 

Sections. 



> 



May be remitted by mail or express at 

risk and cost of owner, - - 70 

Letter should state amount enclosed, , 70 

Duplicate receipt, when required and what 

specifying, . . _ . y^ 

Officers authorized to receive fees on ac- 
count of Treasurer of C. S. A., _ 24 
Certificate of deposit, form of, - - 71 
Certificate to be forwarded to office, - 71 
All money sent by mail at risk of owner, 72 
Money not to be enclosed with model, - 72 
All payments to be in specie, or C. S, Trea- 
sury Notes, _ _ _ ^ y^ 
Filing and Preservation of papers. 

Claims, specifications and amendments filed, 

how written, - _ _ _ ^o 

Mode of endorsement of papers filed, - 84 

Papers filed regarded as permanent records 85 

Only changed to correct clerical mistakes, 85 

Foreign Patents. (Sec Patents Foreign.) 

Information, giving or withholiding. 

Pending applications, how far secret. - 03 

Given in case of patent issued or patent 

refused and application abandoned, - 94 

When models, specifications and drawings 

open to inspection, - - - 94 

How long application regarded as pending 

after rejection, - - - - 95 

When information given in pending cases, 97 

When interference is declared between two 

pending cases, - - _ _ q^ 

When rejection is founded upon case pre- 
viously rejected but not abandoned, - 97 
When device is found described, but not 
claimed in pending application previous- 
ly filed, - - - _ _ 98 



Sections. 

General rule where application describing 
device is subsequent in date to one in 
which device is claimed, - - 99 

^ Exceptions to general rule, - - 99 

All business should be transacted in writing 101 

Action of office to be based on written 

record _____ 101 

No attention paid to alleged verbal pro- 
mises, etc., _ _ _ _ 101 

Office cannot respond to questions in ad- 
vance of application for patent, nor act 
as an expounder of the law nor as coun- 
sellor, 100 

Interferences. 

When granted, _ - - - 35 

Days fixed for closing testimony and hear- 
ing causes, _ _ _ _ 35 

Arguments of counsel to be filed before 

day of hearing, - - _ - 36 

Course pursued when postponement is de- 
sired, _____ 37 

Models. 

"When required, - - - 20 

Officers authorized to receive Fees. 

Assistant C. S. A. Treasurer and others, 21 

Patent. 

What will prevent the granting of a patent, 7 

The mere fact of a prior invention abroad 

will not prevent the issue of a patent, - 8 

Mode of proceeding to obtain a patent, - 9 

Application, by whom made, _ _ 9 

Must be in writing, signed by inventor and 

addressed to Commissioner, - - . 10 

Petition, usual form of - - - 10 



VI 



Sections. 
Specification, '. " n 

The precise invention must beset forth in, 11 

When claimed as a mere improvement on, 
or as substantially differing from another 
invention, - - - - 11 

Two or more machines not to be the sub- 
ject of one patent, - - - 12 
By whom signed, - - - - 13 
Should describe the sections of drawings, 
and refer by letters and figures to the 
different parts, - - - - 13 
Forms of, • - - - - 13 
Should be signed and attested, - - 14 



Oath, 



Who must make, - - . - - IG 

Form of ----- 15 

Before whom it may be taken, - - 10 

When taken in a foreign country, - - 17 

Drawings, - - - - - 18 

Should generally be in perspective, - 18 

When in plans, sections or details, - 18 

Duplicate drawings required, - - 19 

How executed, - - - - 19 

Should be signed and attested, - - 19 

Model, - - _ - . 19 

How made, ----- 20 
The name of inventor (also of assignee, if 

assigned) must be permanently affixed, 20 
When the invention is of a composition of 

matter, what required. - - - 21 
Name to be affixed. - - - 21 
What required before the filing or exami- 
nation of an application is allowed, - 23 
Patent — Foreign. 

A foreign patent subsequently obtained 

does not injure a previous patent here, - 48 



Vfl 



Sections; 

The taking out a patent in a foreign coun- 
tr}'- does not prevent the obtaining a pa- 
tent here, provided, - _ _ 8 

A patent subsequently obtained here ex- 
tends from date of foreign patent, - 40 

In case of foreign patent application here 

acted on as soon as it is completed, - 57 

Course to ])e pursued when applicant seeks 

to make his a preferred case, - - 50 

No discrimination as to fees against foreign 

applicant, ----- 68 

Patentee. 

Who may obtain a patent, - - - 1 

Assignees of entire interests, - - 2 

Legal representatives of deceased inventor 8 

Masters, if the inventor be a slave, - 5 

Joint inventors entitled to joint patent, - 4 

Petition. (See Patent.) 
Reconsideration, KuLES fcr. 

When application is refused applicant fur- 
nished with references and explanation, 92 
May reply in person or by agent before 

examiner, when, - - - 92 

Oath to be renewed before examination, ^ 92 

After second rejection case heard by Com- 
missioner in person, - - - 92 
Decision of Commissioner final as to office 92 
Final remedy by appeal to the Attorney 

General, ----- 92 

PtEISSUES, 

When allowed, - . - ., 38 

What may be the subject of reissue, - 39 

AVhen reissued patent expires - - 40 

Original claim may be revised, - - . 41 



VIII 



Sections. 
Applicant may retain old patent, - 42 

Form of application for reissue, - - 43 

Form of oath, - - - - 43 

Repayment of Money. 

What money ^Yill be refunded, - - GO 

Secret Archives. 

How long an application on which a patent 
has been ordered to issue may be re- 
tained in, from day of such order, - 31 

Specifications and drawings to be retained 

in, when, - - - - - 31 

Specification. (Sec Patent.) 

Testimony, taking and transmitting. 

Clerks of courts to issue subpoena, - 74 

Judge to enforce obedience to summons, - 74 
AVitness not compelled to go more than 

fort}'- miles, - - - - 74 
Nor unless certain fees are paid to him, - 74 
Not required to declare secret inventions, 74 
Ftules for taking and transmitting testi- 
mony, - - . - . 75 
Notice to opposite party, - - - 75 
Evidence, &c. sealed and addressed to Com- 
missioner, - - - - 75 
No evidence to be considered, when, - 75 
Form of certificate of magistrate for en- 
velope, - - _ _ - 75 
Notice, service of, - : - - 76 
Notice must be annexed to deposition, - 70 
How testimony to be taken, - - 77 
Deposition must be signed by witness, - 77 
Certificate of magiBtrate appended tb deptj- 
^iti(5n, ... * . 78 



IX 



Sections. 

Technical objections, how noticed at hear- 

ing, - - - - - 79 

Forms to be observed in taking depositions 80 

Form of certificate of magistrate to be ap- 
pended to deposition, - - - §0 

Deposition must be sealed up and endorsed 80 

United States Patents and Assignments 

Can be revived only by citizens of Confe- 
derate States, - - - - 0, 66 
Conditions on which they may be revived, 0, 66 

Witnesses. 

How subpoenaed and their attendance en- 
forced, ----- 74